Recognizing AI as Practitioners Licensed to Prescribe: Health Technology Act of 2025 (H.R. 238)

 

Article from Nurse.org: AI Could Prescribe Without Human Oversight and Be ‘Licensed by Law’ If This Bill Passes

https://nurse.org/news/ai-prescribe-without-humans-congress-bill/

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The Healthy Technology Act of 2025 (H.R. 238) is a proposed bill introduced by Representative David Schweikert (R-AZ) on January 7, 2025. This legislation aims to amend the Federal Food, Drug, and Cosmetic Act to allow artificial intelligence (AI) and machine learning technologies to qualify as practitioners eligible to prescribe medications under specific conditions. 

Key Provisions of the Bill:

• AI as Licensed Practitioners: The bill proposes that AI and machine learning systems can be recognized as "practitioners licensed by law to administer such drug" if they meet two primary criteria:

  1. State Authorization: The AI technology must be authorized by the state to prescribe the specific drug.

  2. FDA Approval: The AI technology must be approved, cleared, or authorized by the Food and Drug Administration (FDA) under sections 510(k), 513, 515, or 564 of the Federal Food, Drug, and Cosmetic Act. 

Current Status:

As of its introduction, H.R. 238 has been referred to the House Committee on Energy and Commerce. The bill's progress beyond this referral has not been documented, indicating that it is in the early stages of the legislative process. 

Implications and Considerations:

The introduction of this bill has sparked discussions regarding the integration of AI into medical practices. Proponents argue that allowing AI to prescribe medications could enhance efficiency, reduce human errors, and alleviate some burdens on healthcare professionals. However, critics express concerns about patient safety, the potential loss of human judgment in medical decision-making, and the ethical implications of AI-driven prescriptions. 

It's important to note that similar legislation was introduced in the previous Congress but did not advance beyond the committee stage. The future of H.R. 238 will depend on further legislative deliberations and evaluations of its potential impact on the healthcare system.